SURESH CHANDRA Vs. STATE

JUDGEMENT

(1.) The dispute between the rival claimants for mining leases in Raiasthan have assumed dimensions of a serious legal debate about the jurisdiction of the Additional Director, Mines and Geology (Administration) Government of Rajasthan, Udaipur, respondent No. 2, to hear the appeals under R- 44 of the Raiasthan Minor Mineral Concession Rules, 1977 (hereinafter referred to as the Concession Rules').

(2.) Both these writ petitions raise common Question of law and, therefore, I have agreed to the joint prayer for common hearing and common decision by one judgment. Both the petitioners, viz., Hariram and Suresh Chand, were initially granted leases and the respondents, viz., Om Prakash, and Smt. Madhu Agrawal filed appeals against the order of grant of leases to the petitioners. Both these appeals were accepted, and the order was passed to grant the lease to the rival claimants-respondents, Om Prakash and Smt. Madhu Agrawal.

(3.) Petitioner. Hariram filed appeal before the State Government first, and then filed revision before the Central Government against the order of the Additional Director, Mines and Geology, but this revision petition has been dismissed by the Central Government vide order dated the 21st November, 1980. Paras 3 and 4 of this order read as under :